New Executive Governance Arrangements
Changes to executive arrangements from May 2011
All local authorities have to adopt
executive arrangements, which determine how executive
decision-making takes place within the Council.
Currently, each year, Dover
District Council's 45 elected Councillors elect a Leader. The
Leader then appoints up to nine other Councillors to form a
Cabinet. The Cabinet is collectively responsible for recommending
an overall budget and the policies that make up the Council's
policy framework to the Full Council. The Cabinet then delivers and
implements the budget and policies that have been decided by the
Full Council and is also the focus for forming partnerships with
other key organisations to address local needs. The Leader and
Cabinet are held to account by Overview and Scrutiny Committees,
which are made up of Councillors from all the political groups
represented on the council. The Chairman chairs Full Council
meetings and has a traditional ceremonial role.
Under the Local Government and
Public Involvement in Health Act 2007, local authorities had to
reconsider their decision-making arrangements. As a result, Dover
District Council was required to consider two alternative options
for how executive decision-making by Councillors should operate
from May 2011.
At its meeting held on 28 July 2010
the Council stated its preference for Option A (the
new Leader and Cabinet model) subject to considering the
outcome of the consultation process. The
Council consultated with local people from 1 August 2010
until 28 October 2010, receiving one response in favour of the
new Leader and Cabinet model and one response in favour of the
Mayor and Cabinet model. After giving consideration to the outcome
of the consultation, the Council at its meeting held on 1 December
2010 agreed to adopt the amended Leader and Cabinet model and
rejected the option of a directly elected Mayor and Cabinet.
The new Leader and
Cabinet model is similar to the current arrangements, where
Full Council elects a Councillor to become the Leader. However
under the new model the Leader would be elected for a period
of four years instead of just one. Again, as at present, the Leader
would request council to appoint up to nine Councillors who would
act as Cabinet members. The Leader would decide on the size of
the Cabinet and appoint Cabinet Members as well as deciding their
portfolios of responsibility and the extent to which each Cabinet
Member could make decisions on an individual basis. The Leader
would appoint a Deputy Leader who would also serve a four-year
term. Other Councillors would continue to scrutinise the decisions
of the Leader and Cabinet and undertake in-depth reviews into
topics of local concern.
The Council agreed that there
would be a provision in the Constitution for the removal
of the Leader of the Council by resolution before the expiry of
her/his four year term.
Comparison of Options
The following table directly compares
how each of the options differ:
|
|
Now until May 2011
Current Leader and Cabinet Model
|
May 2011 onwards
New Leader and Cabinet Model
|
* Rejected Option *
Elected Mayor and Cabinet Model
|
| Appointment and term of
office |
Leader appointed by full Council
annually.
|
Leader appointed by full Council for a
four-year term (or until the expiry of the Leader's term of office
as a Councillor).
|
Elected directly by the electorate for
a four-year term.
|
| Removal |
Full Council in limited circumstances
can remove the Leader.
|
Council will adopt a procedure that would
allow the removal of the Leader from office during the four-year
period by resolution of full Council. |
Cannot be removed during his/her term of
office. |
|
Size of Cabinet
|
Council can determine size of Cabinet or
allow the Leader to determine the size of Cabinet. |
The Leader determines the size of
Cabinet.
|
The Mayor decides the size of
Cabinet. |
|
Appointment of
Cabinet
|
Council can determine whether full
Council or the Leader can appoint and remove Cabinet Members.
|
Council appoints Leader who then
appoints his/her
Cabinet Members and allocates
responsibility.
|
Mayor appoints his/her Cabinet Members and
allocates responsibility. |
|
Deputy Leader
|
No legal requirement
to have a Deputy
Leader. Any Deputy
Leader can only
exercise portfolio
functions of the
Leader.
|
Legal requirement to have a Deputy
Leader, who exercises portfolio and statutory functions of the
Leader.
|
Not applicable.
|
|
Executive
Functions
|
Full Council can restrict the
delegation of executive functions to individual Cabinet
Members.
|
All executive functions would be
vested in the Leader who can then delegate to Cabinet or to any
other Cabinet Member
|
All executive functions would be
vested in the Mayor who can then delegate.
|
The new Leader and Cabinet model will come into effect
from the Annual General Meeting of Dover District Council on
18 May 2011.
Contact Democratic Services
Telephone: 01304 872304
E-mail: democraticservices@dover.gov.uk